Armed Forces Act 2001

27 Costs against legal representatives etc U.K.

(1) [F1 In any proceedings before—

(a) the Court Martial,

(b) the Summary Appeal Court,

(c) the Service Civilian Court, or

(d) the Court Martial Appeal Court,

the court may disallow], or (as the case may be) order the legal or other representative concerned to meet, the whole of any wasted costs or such part of them as may be determined in accordance with regulations.

(2) Regulations shall provide—

(a) that a legal or other representative against whom action is taken by [F2 the Court Martial under subsection (1) may appeal to the Court Martial Appeal Court;]

(b) that a legal or other representative against whom action is taken by [F3 the Summary Appeal Court or the Service Civilian Court] under subsection (1) may appeal to the High Court in England and Wales.

(3) In this section—

• “ legal or other representative ”, in relation to any proceedings, means—

  (a)

  a person who is exercising a right of audience, or a right to conduct litigation, on behalf of any party to the proceedings, or

  (b)

  [F4 a person appointed under section 365 of the Armed Forces Act 2006 (prosecuting officers);]

• “ regulations ” means regulations made by the Secretary of State;

• “ wasted costs ” means any costs incurred by a party—

  (a)

  as a result of any improper, unreasonable or negligent act or omission on the part of any representative or any employee of a representative; or

  (b)

  which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.

Textual Amendments

F1 Words in s. 27(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52) , s. 383(2) , Sch. 16 para. 193(2) ; S.I. 2009/812 , art. 3(a)(b) (with transitional provisions in S.I. 2009/1059 ); S.I. 2009/1167, art. 4

F2 Words in s. 27(2)(a) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52) , s. 383(2) , Sch. 16 para. 193(3)(a) ; S.I. 2009/812 , art. 3(a)(b) (with transitional provisions in S.I. 2009/1059 ); S.I. 2009/1167, art. 4

F3 Words in s. 27(2)(b) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52) , s. 383(2) , Sch. 16 para. 193(3)(b) ; S.I. 2009/812 , art. 3(a)(b) (with transitional provisions in S.I. 2009/1059 ); S.I. 2009/1167, art. 4

F4 Words in s. 27(3) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52) , s. 383(2) , Sch. 16 para. 193(4) ; S.I. 2009/812 , art. 3(a)(b) (with transitional provisions in S.I. 2009/1059 ); S.I. 2009/1167, art. 4

Commencement Information

I1 S. 27 in force at 14.10.2005 by S.I. 2005/2861 , art. 2